Pappu Rai @ Sushant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38112 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== PAPPU RAI @ SUSHANT KUMAR S/O VIDYANAND RAI @ VIDYANAND PRASAD YADAV R/O VILLAGE-MADHOPUR, P.SMOTIPUR, DISTRICT-MUZAFFARPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 272, 273 of the Indian Penal Code and under Section 30 (a), 41(1) (2) of the Bihar Prohibition & Excise Act.

As per the prosecution case,121.680 liters of foreign liquor and 35 liters of spirit has been recovered from the house of this petitioner which was kept hidden in the straw pile. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. The recovery was made from the house which is in joint possession of the family.

Patna High Court CR. MISC. No.38112 of 2021(2) dt.23-09-2021 2/2 Petitioner claims clean antecedent and is in custody since 02.03.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Motipur PS case No. 43/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

BKS/- (Prabhat Kumar Singh, J) U T